In Georgia, restraining orders are issued by a judge at the Superior Court. They order someone to abstain from interacting with an alleged victim of abuse. Specifically, restraining orders prevent the restricted party from intimidating or threatening the protected party, getting within a certain proximity of them, or having any contact with them.

A Milton restraining order lawyer can help you obtain protection from a member of your family, stalker, former friend, or someone else that is placing your safety at risk. One of our well-versed and compassionate family violence lawyers can help simplify the process of obtaining a restraining order.

Getting a Restraining Order in Milton

Official Code of Georgia Annotated §19-13-3 states that when an alleged victim of family violence submits a request for a restraining order, the judge may grant a temporary protective order to preserve the safety and well-being of the petitioner.

Temporary protection may be granted without giving notice to the accused party. However, the law stipulates that once a request for a restraining order is granted, a formal hearing must be held within 30 days for legal protection to continue after the expiration of the temporary protective order.

At the hearing, the petitioner and the alleged abuser would have an opportunity to present evidence to support their claims before a judge. The presiding judge would be responsible for deciding whether to grant a restraining order, which could remain in effect for one year. Depending on the facts of the case, the court may extend the order to remain in effect for as many as three years.

Stipulations on Receiving Temporary Protection

While both parties await a hearing to determine whether the restraining order will be extended, a temporary order may grant numerous protections to the alleged victim. These provisions may include:

  • The accused must remain a specified distance away from the victim
  • The accused must pay temporary spousal support
  • The accused may not alter or terminate the petitioner’s insurance policies or obstruct mail delivery
  • The accused must vacate from the family residence
  • The accused may not hinder the victim from traveling

The exact restrictions in a temporary restraining order will largely depend on the circumstances of the petitioner’s case and the severity of their situation. A Milton attorney can advocate zealously on a survivor’s behalf and help ensure that all necessary provisions are cited in the restraining order granted by the court.

Terms of a Restraining Order

Any of the stipulations that can be included in a temporary protective order may also be implemented into a restraining order. In addition to these terms, a restraining order may also require the perpetrator to undergo alcohol or drug testing and rehabilitation. The court may also order the accused to cover lawyer costs and additional legal fees incurred by the petitioner.

Contact a Milton Restraining Order Attorney Immediately

A Milton restraining order lawyer from our firm can provide the compassionate assistance and aggressive advocacy you need to protect your safety. Our team can help ensure that all the required documentation is filed promptly and correctly with the courts and present your case before a judge at a hearing. Call our intake team today to arrange your introductory consultation.

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Sara Khaki
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